Was your license suspended after a DUI arrest or an arrest for refusal to take a breath test in Dayton, OH? If you refuse chemical testing in Ohio, you can be subject to an immediate administrative license suspension (ALS) under Ohio’s implied consent laws. It’s critical to have an experienced lawyer by your side at a Dayton DMV hearing.
At Suhre & Associates, LLC, our experienced Dayton DUI lawyers have over 100 years of combined experience.
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How Suhre & Associates, LLC, Can Help With a DMV Hearing in Dayton
A drunk driving arrest can turn your life upside down. Understandably, many drivers don’t want to submit to a breathalyzer test when they’re pulled over. On the other hand, it’s important to understand that refusing a chemical test also carries harsh penalties in the state of Ohio.
Still, you do have rights. Police make mistakes. With an experienced Dayton DUI lawyer by your side, it can be possible to fight the charges and get your license back.
When you hire our Dayton DUI attorneys, you’ll have a legal team who will:
- Provide sound legal advice and guidance so that you understand your legal options
- Evaluate your case and determine whether you have grounds for appealing the ALS
- Gather evidence to support your case
- Vigorously advocate for your rights at the DMV hearing
Our legal team includes former prosecutors and police officers who know how the other side thinks. We’ve also been rated by Super Lawyers and earned a perfect-10 Avvo rating. To learn more about how we can help with your Dayton DMV hearing, call to schedule a free initial consultation today.
Overview of the DMV Hearing Process in Dayton, OH
When the police suspect you’re operating a vehicle impaired (OVI), they’ll probably pull you over and ask you to take a portable breath test. Because Ohio is an “implied consent” state, your license will automatically be suspended if you refuse chemical testing.
That said, it’s possible to request a hearing to petition for driver’s license reinstatement. You’ll have to go through the Ohio Bureau of Motor Vehicles (BMV) hearing process to regain driving privileges.
Our Dayton DUI attorneys at Suhre & Associates, LLC have helped countless clients regain their driver’s licenses over the years. We’d be happy to stand up for you. Just give us a quick call to schedule a free case evaluation to learn more.
How Long Will My Driver’s License Be Suspended?
The length of the suspension is dependent on the type of offense and whether you have any prior offenses. For a first offense breath test refusal, your driver’s license will likely be suspended for one year. Driving privileges can be reinstated after 30 days have passed.
If you have prior offenses on your record, the suspension period can range from three months to a lifetime suspension.
For a first offense DUI, the DMV can suspend your license for 90 days if you test over the 0.08% legal blood alcohol content limit. A 15-day waiting period will apply before you can request administrative review to have any driving privileges restored.
Repeat offenders can have their license suspended for:
- One year, with a 45-day waiting period, for second offenders
- Two years, with a 180-day waiting period, for third-time offenders
- Three years, with a three-year waiting period, for fourth and subsequent offenses
Again, the suspension is automatic. If you’ve been arrested on DUI charges or refused a breath test, it’s likely that your driver’s license is already suspended. Law enforcement will provide notice of the suspension on the DMV’s Form 2255.
Can I Appeal My Drivers’ License Suspension?
A driver’s license suspension can make life difficult in many different ways. Fortunately, it is possible to appeal the suspension.
Under Ohio law, you can appeal the suspension at your initial appearance for the underlying charge or within 30 days from the date of the initial appearance. The officer will likely testify at the DMV hearing. Your lawyer will also present evidence about why the appeal should be granted.
The hearing officer may grant the appeal if:
- The arresting officer did not have probable cause or a reasonable basis for the arrest
- The officer did not properly inform you about Ohio’s implied consent laws
- You didn’t refuse to take a breath, blood, or urine test, or you refused because of a medical issue
- You took the test and did not test over the 0.08% BAC limit
It’s important to take action quickly if your license was suspended. If you fail to file an appeal within 30 days of your initial appearance, you’ll forfeit your right to petition for driver’s license reinstatement.
When Will My DMV Hearing Happen?
In Ohio, the hearing date must be set within five days of the request. If your DMV hearing isn’t scheduled within five days, you will have grounds to petition to have the ALS terminated. In these cases, the DMV is also required to waive the fee for having your license reinstated.
However, even if your ALS is terminated, it’s possible that you could become subject to a court-ordered suspension if your driving is a threat to public safety.
Contact a Dayton DMV Hearing Lawyer for a Free Consultation
You shouldn’t walk into a Dayton DMV hearing without legal representation. With our experienced Dayton DUI attorneys by your side, you’ll greatly increase your chances of success. To learn more about how Suhre & Associates, LLC, can help, call our law firm to schedule a free case review today.